Comment on Reserved Car Parking Space and stilt car parking by Dinesh.
I stay in Mumbai. Request a clarification related to purchase of open parking space.
Ours is a condominium. There are 4 condominiums in our complex (formed as the buildings were readied and occupied). We had purchased 1 stilt parking space along the flat sometime in 2004, from the builder. One of the residents ( lets say “A”) of our building(our condominium) had sold his flat this year without the open car parking space. He is still living in the same flat, on rent, as per agreement with the new buyer ( lets say “B”). This gentleman (“A”) wishes to sell off his open parking space seperately, for which I am in discussions with him. “A” had bought the flat and the parking place seperately from the builder, in Dec. 2005. The supplementary agreement, for the parking space, is available on stamp paper. Also the agreement for sale, with “B” does not mention the parking space at all. Our condominium office has confirmed that the parking space is legally owned by “A”.
In light of the following – 1) “A” is no longer a member of our condominium and 2) The supreme court ruling in 2010 regarding the sale of parking space seperately, wish to understand if I can buy the parking space from “A”? The bye laws of our condominium are silent about anything concerning parking.
Our condominuim office bearers do not wish to give their clear opinioin on this issue and appear to be palying safe. Also earlier some resident of our condominium (our bulding) had raised an objection saying that since “A” is no longer a resident, he cannot now sell the parking space seperately.
Thank you !!